HomeMy WebLinkAboutRe: tree removal a Orono Police Department inc�dent#:
OR16012252
2730 Kelley Pkwy Case#: OR16012252
Orono, MN 55356
(952)249-4700
Incident Summary Report
1830 HERITAGE LN ORONO, MINNESOTA 55391
Description of Incident: OTHER Reported DatelTime: 10/20/2016 11:02:02
Incident Start Date: 10/20/2016 11:02:02 Time Assigned: 11:03
- Time Arrived: 11:34 Time C/eared: 12:17
Sfate Reporting Case ASSISTED/ADVISED Agency Disposifion: CLOSED
Sfatus: '
PERSON REPORTING INCIDENT (1)
FLESSNER, MELANIE VLAICH
Address: 1190 HERITAGE LN City: ORONO
State: MINNESOTA Zip Code: 55391
DOB: 11/01/1953 Age: 62
Sex: FEMALE Cell Phone: (612)-875-4532
Charge(1)
MISOTH MISC OFCR OTHER 9000 NON-REPORTABLE 9999
Offense Status: ASStSTED/ADVISED UCR Hierarchy: 90568
� Re ortable False __ __ _
�P _.. __._ .._ __ __ . __ _ . ._ _._..... .
Narrative (1)
MAIN REPORT DEMBOUSKI 510
Reporting party complained that at the property across the street from her residence(1830
Heritage Lane), trees were being cut down that were not supposed to be.The RP wasn't sure
who the trees belonged to whether they were the city's trees or the property owners.The RP '
;
wanted someone out there "right away". Officer Schoenherr responded to the scene and '
Page 1 of 2
incident#: OR16012252
requested the work be stopped. I brought Orono City Planner Melanie Curtis from city hall to the
scene to make the determination. Clear, no action taken by the city at this time.
Officers(1)
� Reporting Officer: DEMBOUSKI,JAY (6510) �� 10/20/2016 12:31:00
��..____.� .
Page 2 of 2
. . � .
Melanie Curtis
From: Melanie Flessner <melanie.flessner@gmail.com>
Sent: Friday, October 21, 2016 7:14 AM
To: Melanie Curtis;Adam Edwards; loftus@ci.orono.mn.us
Cc: Bruce Flessner; Steve Byrnes
Subject: Re:Trees being removed this morning--Your assistance is needd
Dear Melanie Curtis:
Bruce Flessner referred your note to me and I am raising some concerns and comments for you and
Mr. Edwards on the additional trees Mr. Tufa seeks to remove.
• Mr. Tufa has already removed at least 9 trees from Heritage Lane yesterday. Taking more trees is not a
good idea.
• Mr. Tufa knew he did not have permission to remove those trees, but the action stopped only because of
the quick response by the city and police. We appreciate everyone's quick response.
• It's almost November, so the replanting of the 91ost trees onto Heritage Lane will need to be immediate
or we will not be seeing snow covered pine trees but a pile of constxuction dirt and tree stumps.
• Fox Hill maintained this right of way property for over 50 years.
• The idea that the trees interfere with power lines degrades the great work of Excel Energy and their
wonderful teams who have trimmed these trees.
We ask that nothing happen until a plan can be reviewed. We all live here all winter and have been
more than patient with the trucks, cars, noise and dirt.
Many thanks to everyone at city hall for your quick response.
Sincerely,
Melanie Flessner
1
On Thu, Oct 20, 2016 at 8:13 PM, Bruce W. Flessner<bflessner(a),bwf.com>wrote:
! Dear Ms. Curtis,
' I am in Africa this week and,therefore, I was unable to intervene personally in situation. I appreciate your
' efforts. I will share your note with Mr. Byrnes and with my wife.
' Regards,
Bruce Flessner
' From: Melanie Curtis [mailto:MCurtis(a�ci.orono.mn.us]
!, Sent: Thursday, October 20, 2016 4:01 PM
" To: Bruce W. Flessner<bflessner(c�bwf.com>
! Cc: Jessica Loftus<jloftus(c�r�,ci.orono.mn.us>; Mike Gaffron<MGaffron(a),ci.orono.mn.us>
' Subject: RE: Trees being removed this morning-- Your assistance is needd
'' Mr. Flessner
'! Jessica asked me to respond to your email. I was out at the property this morning and spoke with your wife. Trimming
''��I of trees is permitted. I spoke with Mr.Tufaa and his contractors; I informed them that trees removed from the right of
' way area require prior approval by the City's Public Works Director, Adam Edwards. Unfortunately they did not seek the
' prior approval, which is why I stopped their work today. Mr. Tufaa plans to identify three additional pine trees within the
right of way he would like Mr. Edwards to review for removal. The trees were/are located under or very near the
' overhead powerlines, they have been extensively pruned due to the powerlines; they are also beginning to show their
' age. After speaking to Mr. Tufaa today I believe his intent is to replace the removed trees with additional trees planted
' within his property boundaries.
I reviewed the minutes from the Council meetings relating to Mr. Tufaa's variances. I note that, according to the
minutes, the homeowner and the contractor stated that they did not plan to remove many trees but were willing to
replace any trees they remove.
Steven Byrnes also called me today regarding this issue. Would you please share this information with him?
Thank you.
Melanie
' Melanie Curtis
' �952.249.4627 �mcurtis@ci.orono.mn.us
2
' From: Jessica Loftus
' Sent: Thursday, October 20, 2016 1:33 PM
' To: Melanie Curtis <MCurtis(a�ci.orono.mn.us>; Adam Edwards <aedwards ce(�,ci.orono.mn.us>
'' Subject: RE: Trees being removed this morning-- Your assistance is needd
! From: Bruce W. Flessner [mailto:bflessnernae,bwf.com]
' Sent: Thursday, October 20, 2016 12:34 PM
' To: Jessica Loftus yloftusna_,ci.orono.mn.us>
Subject: FW: Trees being removed this morning-- Your assistance is needd
' Dear Ms. Loftus,
' Please excuse my escalating my inquiry to your office, but Mr. Gaffron is out of the office and not reachable
' for many days. Meanwhile each hour the destruction of trees on Heritage Lane continues.
'; Can you kindly address the issue and ask the contractor to honor his word.
Many thanks in advance for your prompt attention to the issue.
' Regards,
' Bruce W. Flessner
From: Bruce W. Flessner
: Sent: Thursday, October 20, 2016 12:16 PM
To: 'm�affron(a),ci.orono.mn.us' <m affr�on(a�ci.orono.mn.us>
' Cc: 'Melanie Flessner' <melanie.flessner(a�gmail.com>
' Subject: Trees being removed this morning-- Your assistance is needd
' Dear Mr. Gaffron,
' Can you kindly let me know what is going on at Heritage Lane? The contractor stated in public meetings and
to us personally they would not remove trees. Here is the actions today.
3
! Thank you in advance for your prompt action.
'; Regards,
' Bruce Flessner
1190 Heritage Lane
Bruce W. Flessner
Principal
Bentz Whaley Flessner
Office: 952-921-0111
Web: www.bwf.com
a
4
MINU�'ES OF TSE
QRONO CTTY C4UNCII,IV�E'1'II�TG
Monday,�'ebrauy 8,2016
7:D0 o'clock p.m.
10. #16-3802 TCO DESIGN,�380 SHADYWppD RpAD_REZONIlVG AND
CONDITIONAL USE PER1VITr(cont�eued�
M°M���if anyone frnm tlie public would like to comment on this application.
Loren Fritz,3845 North Shore Driye,stated he moved to the community in 1968 and that his reason for
carning toni$ht is that 1�noti,cad there was some activity goiAg on at this cor�er aad tha#he wanted to
caanment that it is positive someone was considering movi.ng into this location, Fritz in�icated he wcwld
be in support of something going in thene and th�at it would be�efit the Navan�e community,
VOTE ON THE MOTION: Aye�4,Nays 1,Cornick Oppeaed.
Mattick not�d the mativn was to d�ny the rezaning and that ther+e shoutd be another motion denying the
conditionat use permit.
Prjntnp moved,L�v�ng seconded,to deuy the txmditional uae permit reque�t by TCO I�aign for
�380 Sh�dywood Road. VOTE: Aye�4,N�ya 1,Cornick Oppo�aed.
11. #�16�38U3 STONEWOUD,I.LC,ON BEHALF OF TASHITAA TUFAA,183Q
��dRELINE ROAD,VARIANCES AND CONDITIONAL U3E PERIVIIT
C�rtis atated the applicant is proposing to<�onstruct a new hame rnn the subject property which eonsists of
1.6 acres in area, 133 fact in width,and is locatad within the LR-1A district. The applicant is requesting
appnoval of lot area and lot width variaaces as well as a side si�t setback variance ia order to place the
hvme 30 feet fi+om Heritage Lane where a 50-foot setback is normally required. A conditional use permit
is also 1�inS requested to allow the exporE of appraxia�ately 2,000 cubic yards of fiIl matterial finm the
m
property as well as a variance to permit a 6-fioot tall open wrought iron style fence on the entire periineter
of the prape,rty. The applicant is further�Nestin8 a�econd�urb cut.
Since the Platuiing Commission mc�ting,the applieant h,as submitted a revised fence plan. T he fence is
now propos�to stop near the sewer esseme�t on the property and has been pulled back from Shor+eline.
The fencx is still proposed at six feet.
�J��'Y 1���P�anning Commissian held a public hearing and reviewed the application. Following
the public hearing the Planning C�mmis�ion voted 6-0 to recommend the following:
1. Denial of the f�ence height vatiance vvith the r�ocommendahon that the fence��Sign�;
2. Appmv�l of the lot width,lot area,and side st�eet setback variauoes;
3. A,ppraval of the condt�tional use permit subject to conditions.
As noted within the memo,Staff recommends approval of the lot area,Iot width,and street setbao�
variances as requestsd in conjunction with the�roposed Plan. Staffrecomm�nde denial of the v�rianee to
permit eoastrtuYtion of the fence exceeding 42 inches in height. Regarding the ccuiditional tzs�permit,
Staffreco�ends approval consistent wi�h the conditions necommended by the Planning Commissian as
ou#lined in 3ta�s report.
Page 15 of 32
MIlVUTES OF 1'�
� ORONO CITY CUUIITCII,II�ETIN�
Monslay,February 8,?Alb •
7:00 o'clock p.m.
11. #16-38fl3 STONEWOOD,LLC,ON BEHALF OF TASHFTAA TUFAA,ig3p
SgO�I•INE RUAD,VARIANC�S AND CONDITIONAL USE PE1tMiT(condnaed)
Curtis nated a consid�rabie amou�t of f�b�t:k has been received from the neighborh���
P�Poeal•
McMillan asked zf thene ie any engineering comment�ga�'ding the swale
Curtis st�ked the engin�r'�cvxnments do nc�t impect the proposal and relate prima.�ily to erasion control
measunes.
McMillan stated she was uuable t�o itell lww much of an imq�act that would?iave es it xtlates to wat�r flow
and whether it would cause flooding down at Shoreline fv}lowing a major rai�n event.
G�u�tis stated the CitY EnSineer has revie�ved the plan.
Tashitaa ltifaa,Applicant,stated he cu�tly lives in Minnetonl�and that he ie here an behalf o�his
familY. T�faa statod he and his family would like to neside in this area and that th�,y have been attempting
to 5nd a plaoe in Oramo fbr the past seven years. Tufaa stated he and his family are v�humble and
would be good residents.
Tiifaa atatad he would be able to answer any questions the Cauncil may have.
Sven Gnstafa�m,Stan�woad,LLC,stated he hss been working on a desi�fior this�ome for the last year
and that the siz�of the home has baen reduced fmm what was oxiginallY being co�temPlabec�. As it
rclates to the conditional use pernnit,the grad+�is pnropc�sed to be cut by approaimateiy six feet at the house
and then taper dovvm,,wbich vinll help to�latten the 1ot�d slow d�ov�n the vvater ninoff. Gvstafson st�ted
they also ccrosidened a raia gard�n d+�wn lry the road but that the nuioff shc�vZd be less ir�pactful th�n what
it is today. G�ustafson stated the svvale�vould also not be visible fmm any of the neighboring properties ar
maid�d is being done to heIp crea�e a walkout pn tha northeast side of��axne.
Gu�tfson stated they are an�tieipatiag 85 to 90 t�ucks being naxssary to export the fill and ti�t th�y will
be usiag ti�e existiag carb cut an Shore�ime Drive. Crustafsan stated they are also hoping ta have the
fwndation and the house built that way�s well. Gustafson notcd there is also enough spaee on site to
patk consfiruction vehicles.
G�Staf�on II4t�d th�s prape�ty has street on t.tu+eu+ee sid�es of it and that it is a som�ewhat large lot bert that it
ends up with a fairly narrow building area c3�t�e to the aetba�ks. Without the side setback variaace aad
with a 50 foot side setback yariance fi+om Heritage Lane�it would result in an 85-f�ovt building are�on a
1?3-foot lcrt. The�arian,ce a►ould allov�,the lakeside of the house to be wider and wvuld be c�onsistent
with the a�her homes in the area.
Gtirtis indicated the yellow lines on the slretch de�yict the house.
Page 16 of 32
MINUTES OF THC
� ORONO CITY C�UNCII1 D+�E1'Il�TG
1Vlonday,Febraary 8,Z016
7:00 o'clock p.m.
11. #16-3803 STONEWO()D,LLC,QN BEHAI�F OF TASHITAA TUFAA,ig3p
SHORELINE RO�D,YARIANCES�'�TD CONDITIONAL USE PERNIIT(coR�ued)
Gustafson stat+od the white line on the homes$haws the 65-foot width cm the ather homes. Due ta the
location of the pxoposed ha�e,�creasing the width of the stractune would not impact the other adjoining
homes. Ac�oss Herit�ge Lane th�e is a differeut eide street�etback. Gustaf�nn s�tated they are attcmpting
to avoid a long,narnow home by requegting the varian�e,
Gustafson statsd the neighbors�ay ccmiment that the proposed home is inconsistent with the other homes
im the n�ighborhvod but fibat they have put together a slide show illnstrating the foc�tprint of other homes
in the nei�hborhaod. Cntstafson noted the pra�osed home has a footprint of 2,881 square feet.
G'ust�fson stated as it relates to tLe fence,it is for the safety of one of the childien�►ho likes to run anti
explone. Crustafson stated at their current home they bave a similaz fence that keeps him safely on the
pmperiy. The fe�ce has been pulled baek a little bit fiuther than what was originaity reqttested while still
creating a nice play space. Gust�on stated th�ere could also be some g�tes in the fenve if th�e neighbor�
would like thait sQ tite fence doe.s not blook the children's route to the bus. 1fie fenc�e wovld b��wrought
iron fen�ce ead woutd nt�t re�tly impact the views from any of the nei.ghl�oring propeities.
t3�uu�tafsrnn stated of the 1�homes on Heritage,nine af them have two ezub cuts. Qf the ones that have
two curb cuts,they ar+e all locat.e�i o�the same street a�d that they are onl.y requesting one curb cut onto
Heritage I?rive. Gu�tafson sta�i the two c�ub cuta would allow for ea�i�aocess to the property.
Priutup asked if the r�as+on why the home is sitt�g exnoked on the lot to pr+�vent it from looking long and
nartnw.
Gustafsrnn stat�ed they did that for the vievvs and tJ�at they also did not want the garage dodrs fscing
Heritage Lane for aest.he�ic purposes. Crustaf�un stated t1�y endad up putting t�;e garage door�on the
back of the house,which wauld also allow far a bacln�p apmn.
McNiillau asl�ed if the garage would impact the neighbo�a more. McMillan stated there appeais to be a
lot of driveway even though they are under the hardcover]imit and is related to the garage situ�atic�n,
Mcl�iil.lan stated she under�tand�the desire to hide the garage doors,but that it is creating a lot more
handeover than wl�at would normally be�quired.
Gustaf�on stated they did nat rec�eive aay c�ommettts frnm the neighbors regarding the dri.veway r�uring
t1�e neighborhood meetin�. Crustafson stated there ar�a number of oommunitiea that have arch�tectural
�j�: � standards and typic�ll,y one of the staadards is to limit the number of g�rage doors that ff�cce the street.
;�,,{i U � McMillan stated that may be a trade-off to the neighbc�r and that thsre can be mare activity occurring un a
y dri�way apr�m than�vhat someone might think of.
�`n`�G� Gustafson stated they would likely softea it w�tli vegetation and tr�es.
�' a�
�(` McMillan in�icated she basically has a cancern with the annount of bl�cktop.
Page 1i of 32
M�TTUTES OF THE
� ORONO CITY COUNCII,MEETIIVG
Moaday,Febra�ry 8,2016
7:00 o'clock p.m.
11. #Ib-3803 STONEWQpD,LLC,ON BEHALF OF TASH1TqA TUFAA,Ig30
SHORELINE ROAD,VARIA,IIT(�S,�ND C0:ITDTITONAL USE PERMIT(cavnn�i�ued)
Walsh stated his concerns center arnund the practical difficulty issues given the fact that tlris is an empty
lot. Walsh stated there is no practical di�iculty for the conditional u�e pet�mit.
McMillan noted a conditionai use permit does not require a practical difficulty.
Walsh stated he would not a�gle nvithin the buildiag envelope since tbaa throwg ofFthe setl�acks
and instead straighten it out to s� �riances sne required. Wais�stated he also is not a big fan of
the t�►a driveway cuts and that o: ;ut would be fine,especially given the amount of driveway that
is thCn reqwir+ed.
Walsh stated the feaoe is more of .�ng�term issu�and that he is�ot suur+ee a 6-foot fence around thc entire
properiy is necessazY.espociallY from an sesthetics standpoint. Walsh atated he has a lot of qu�stions
about how the project is being laid out on the lot and that they could probably bring the house furkher
b�aak.
Gustafs°n ln�iCated he has vonstructed a number of homes on the lake and that every o�of tbem was
pushed as clase as possible to the lake. Gustafson statod they are still pretty far frnm th�lake.
Walsh noted oaie of tt�e nei�hbors had voicc�d some concerns at t11e Planning Commission meeting about
the location of the house and that he was bringing it up so tl�ey could considsr it.
Levang asked how guests would errter the property, Levang asl�d if t��itors wauld enter off of
Heritage Laae and then exit onto Heritage Drive.
Gvstafson stated that was the thought and t1�at a number of the other praperties in the are.�have a oinvlar
drive. Gustafson stated if thei+e was not a second curb cut,they would have to c�eate additional parking
area.
Levang stated if the Heritage Lane curb cut was eliminated,g�ests would aeed to back up and a bump-out
would pmbably be requ.ir+ad but would eliminate one curb cut and possibly reduce the hardcov�r,
Gustafeon noted they art well under t,he hardcov�r�t��t the driveway would likely have to be
madc wider for parldng.
Levang noted they have pullod ihe fence back from what was pr�er��at the Planning Commisaion and
varied it somewhat,but that there might be a way to slwrten it up back near the driveway off of Herit�ge.
LevanS commented she wants to he compassionate about the special needs ehild but that there might be a
way to shorten it up.
Gustafson askecl if it is the height of the fence rather than the location or amount of fence tbat is the main
concein.
Levang indicated it is.
Page 18 of 32
Nmvv�s oF�
� OROATO CITY COUNCIL MEETIl�TG
Monday,February 8,2fli6
7•00 o'clock p.m.
11. #16-3843 STONEWOOD,LLC,ON BEIiALF OF TASHI'T,�A TUFAA, 1830
SHORELINE ROAD,VARIANCES AND CONDTITONAL USE PER�VIIT(con�nued}
Tuf�.a stated his son is 12 years old and is already 3'/9".
Printup statod he has some concerns with the positioning of the garage sad the impact aa the neighbor.
Prirnup stated given the configutation,it appeers cars would be aimed airectly at the neighbor's house and
that he would like to sce that changed somev�rhat. Printup stated with the house being croolaed to
aec�ommodate the garage,if it is straightened out,onc of tl�variances vvould likely be c�ereased or
eliminated.
Gustafson indicatad it might lessen it by a couple of feet.
Printup statsd as it relates to t6e fence,he has a concGrn with ineneasing it to six feet rether than going
with what is allowed. Printup stated his main concern is the configuration of the garage,
Levang asked if the garage tines up with the neighbor's garage,
McMillan stated it is difficult to tell.
Levang notsd it eppeara the two garages f�ce each other.
McMillan stated she had a 6-foot fcnce in her neighborhood to keep a group of dogs in and that it
definitely created a differeat feel and look in tho neighborhood. McMillan ststed in her view granting a
varianc�far that fence was a mistake and that the pmperty looks much better without it. McMillaa�at�d
she understan+ds they have needs but that the smaller f�ce size helps to create a better visual effect for the
neighbors.
M�11a�Statod she also v�'auld like to sec oae access but that she dces not prefer either one. MeMillan
stated she has some worries about the two curb cuts given the faat that this is a corner lot and peaple
ooming around Heritage Lane.
Pri�up aslced whether the Shoreline Drive access wauld be eliminated or whether it could be used at
some point in the future.
Curtis indicat�ed it is ea existing curb cut and that she does not lmow what Hennepin County's position is
on that.
Gustafaon stated they have not checked with Hennepin County regarding that.
McMillan coenmentod typically gennep;,�County wants to sce the least amount of curb cuts as possible.
Walsh stated in his view the side yard setback should bc reduced and that the angle of the houae is not a
praetical difficulty. Walsh stated the applicants should reduee the side yard setbaek.
Gustafson stated th�ey are balancing the issue with the garage and the setbacks. Gustafson stated the fact
that this lot is surrounded by three roa� is a practical difliculty,
Page 19 of 32
NIINUTES OF THE
� ORONO Cl'1'Y COUNCII.,MEETiNG
Mondsy,February 8,2016
7s00 o'clock p.m.
il. #16-38U3 STONEWOOD,LLC,ON BEHALF OF TASffiTAA TUFAA,1g3p
SHORELINE ROAD,VARIA11iCES AND CONDITIONAL USE PERIVII'r(cartinued}
Walsh noted the property owner knew that at the time he punchased the property.
McMillan stated this is a corner lot and that the applicants are saying that is a piactical difficulty giveu the
setUacks. McMillan stated there will be issu�es with the fact that it is a carner lot and that it is long and
natmw but that dces not make it a practicel difficulty. McMillan indicated ahe uaderstands the desu�e for
some side setback variance but that she is not in favor of th�e amount being requestod,
McMillan asked whether the applicants would like t�table the spplication and inoorporate some of the
suggestions made by the Council.
Gustafson stated he would like so�mare direction on th�e side yard setback.
Mc,Millan noted the Council has received some lettcrs from a few of the neighbors and that$he N,ould
oPen the meeting up at this time for public comment.
Stephen Charrier, 1910 Heritage Driva,stated he owns the hoase adjacent to this Property Cha�ier
stated their number one oonc�rn is maintain�their privacy aad that they curnea�tly have a verY P�'��
Iot. Cl�atrier stated he und�errstands he could havie purchastd this lot aad did nat but that he would liloe to
p�o�t as many trees as possible. The h��s were plantod a nutnber of yoars ago and make a nice buffer.
Charrier stated t�iey would also Iike to sce additionsl tc�aes planted betwecn the pr+q�rties if at all possible.
Chamer noted the lights finro the driveway will shine into their kitchen and that he would lilae to see the
(ITIVCWSy►fBCOrif1$UTCd tp minimi�P�gt. �����lak�shore setback is a concern. Cl�arr;er statod
at the time the house at 1850 was constructed,they R►ent back and fprth on the loc+ation a�it was
��Y P�d�rther b�ck from the lake. Chatrier stated he would like to see some sont of
compromise with the location of the house. Charrier sstated he has seen anQther drawing wh�e the houses
wete lined up.
Cuttis noted that was a Staff drawing.
Charrier stated he wauld be in favor of that diawing. Chairier stated he is unable to understand the
average lakeshore setback line and why thcy are nc�t parallel. Chazrier noted the lvts are an,gled and that
he does not uaderstand how thc house cflutd l�that much forward.
Walsh suggested Mr.Chaaier and the contractor g�et together to see whether a compromise could be
reache,d.
Chazrier indicated they have attempted t�at and the communication was eventually ended. Chamer stated
the conhactor did aot expresa much willingness to engage in any give and take.
McMillan noted the applicants are not noquesting an average lakeshore setback.
Chanier statsd he never would have imagined this house could l�e located where it is proposed and tbat
nnoving the house fiuther back would make a huge differen�ce to them.
Page 20 of 32
MINUTES OF THE
� ORQNO C1TY COUNCIL MEETING
Monday,February$,Z416
7:00 o'clock p.m.
11. #1b-3803 STONEWOOD,LLC,ON BEHALF�F TASHITAA TLTF'AA,ig3p
SHORELYNE ROAD,VARIANCES AND CONDITIONAL USE PERMTr (con�inaed)
McMillan requested an explanation be givea on the average lakeshore setback line.
Barn6azt statad the avcrage lakeshore setback tin+e is different in this situation due to the street setback.
Barnhart indicabed the line is measured only from the adjoining neighbor's house and that the distance is
measured at a rigt►t angle to the sho�+eline. That distanoe is 359 feet according to the survey, garnhart
indicated it would be the s�rtest distance to the ordinary high water line at a right angle to the shoreline.
Charrier stated the pn�rious house on this lot was also set back further fiam the lake that wvat is being
Proposed and that it was pnetty much a straight line. Charrier requested tl�eir privacy be maintained as
much as possible.
Gustafson noted the neighboring home is 359 feet fmm the lake and their proposed home is 383 feet from
the lake. Gustafaon stated to push it fuither back woul.d be pretty restrictive. Guetafson statai if the take
the average lalceshocse setba�ck line&om the neighbor's house and bisect this house,it does not impact the
neighbor's view of the lake but it will impact their view from Heritage Lane.
Gustafson intiicated they would be willing to continue the discussions with the neighbors.
Charrier stated it was his underetanding the home was set back 360 feet.
Curtis indicated it is and that the 380 was a typo. G�rtis noted the lakeshone is not straight,which
accounts for the diff�ce.
Charrier indicated th�ey would be williag to meet with the applicants.
Dennis Libby, 1000 Hexitage L,ane, stated he is here tonight as aa officer of the Foxhill hom�eowners
associatian in place of Steven Byrnes,who is out of town. I.ibby stated he did pzint a oomplete copy of
the p�oject and carefully reviewed it this afteno.00n.
Libby atated there are two main concerns with this prnject and one deals with safety. Libby noted thene
are over 46 reside�ts that reside in this aeighborhood. The neighborhood basically hss one access in and
out and everY time tliere is a project of this size and magnitude,it will impa�ct the surrounding
h�omeowaers. Libby stated even though 1830 is not a member of the Foxhill homeowners associatiam,
they are literally surroundod by the other homes in the association.
Libby stated this is a unique boating community,with one of the largest commercial dock installations on
Lake Minaetonka. Libby indicatzd he has enjoyed living in this neighborhood and having his bo�at
dockad down the no�d. Libby stated in order for the residents to traverse to the dock from their homes,
� �e3'tYPically wiIl have to drive down Heritage Lane because they have provisians and othe,r items that
they need to haul. Because of that,there nceds to be a place to park. Libby stated the driveway cut will
present a safety issue and a detement to people who need to park along that publie st�eet. Libby atated the
second driveway cut will present a saf�ety issue to the driveways located on the other side of the street and
would eliminate some of the parking th�at has existed since 19b3.
Page 2i of 32
MIl�TUTES OF THE
ORONO C1TY COUNCIL MEETIlITG
Mond�y,Febraary 8,201b
7:00 o'clock p.m.
I1. #16-3$U3 STONEWOOD,LLC,ON BEHALF OF TASHITAA T[JFAA,Zggp
SHORELINE ROAD,VARIANCFS qND CONDITIONAL USE PERMIT(cortt�rre�l)
Libby stated he would like to note that since 1983,Oi�no has required that nevi,dr�y�,ays�ve a turn-
araund,wb�ich in tlus case would be an intelligent alt�rnative to consider rather t1�an a second curb cut that
would impact t�he resic�nta of this neighborhood.
Libby stated he was very relieved to find out from the designer and builder tbat their i�ntion ia to use
access onto County Road 15 for the construction traffic. Libby asked v�►hich one ag t�ese���would be
turninS from the lot onto County Road 15.
McMillan st�ted that is probably]mown at this point.
Libby stated givea thc size,v�►eight, and len�gth of the vehicles,some of the same considerations ahould be
8���P�Joct as was given to other developments. Libby suggestod only right hand tums be
allowed in and out of this oanstructian project for safiety onto County Road 15 and that ti�y should not be
allowed access down Heritage Lane. Libby nated I�iennepin County does not hav�e any mandate that
would supersede the City's authority�g a�s.
Greg Coward, 1950 Heritage Drive,noted he has been before the City Council when other projocts have
be�n proposed and that the Foxhill residcnts may be getting tha reputation that they are always against
new development but that isn't always the case.
Coward statcd when the 186Q Shoreline d�►elopment was first disCusa�ed,7,000 cubic yards of dirt were
Proposed to be removed from that site. T'hat project was approved unaniraously by the Planning
Commission and�he City Council was about to approve it excxpt for the requests of the neighbors that a
number of changes be made t�hat would be more favorable to the adjoi.ning propeaty owner�, Coward
noted the residents did not show up regaiding construction at 1955 Heritage Drive or for the
r,econistruction of 1135 Heritage Lane or for the constructioa at 1910 Heritage Driye, CoR,a�i$tat�t�
reside�ts felt thase homes were petfectly fine for the neighborhood given their siu.
Coward stated in this application,it is the feeling of the neighbors that this is too big of a house on t�oo
s�nall of a lot. Coward stateii at the Planning Commission meeting,a qnestion was askod y�,hy there we�+e
no comments about Omno's Comprehensive Plan regarding pnesea�vation of neighborhoods. One of the
Commissioners then asked�f the lot in c�ue�on is part of the Foxhill hameowaers association. When he
was told that it is not part of the homeowners association,tbat cwmmissioner said that this lot is not in the
neighborhood and therefore it does not make any difference what happens with this lot. That
commissioncr thcn prooeeded to point to the bouses across the street and said that those homes will
someday be made much bigger and that it dces nat make much diffenence if this project is approved or
not.
There were no fiuther public commeats.
McMillan suggested the City Council discuss the bullet poirns contained in Staf�s report. McMillan
stated the'variances for lot width and lot area are typically granted and are merely saying t]�t�e lot is
substandard. McMillan noted those would be administratively approved if there v►,as not a side s�back
variance being requested.
Page 22 of 32
Nmvu�rEs oF�
' ORONO CITY COUNCIL MEETING
Monday,February 8,2016
7:00 o'clack p.m.
lY. #Ib-3803 STONEWOOD,I.LC,ON BEHALF OF TASHITA,A TUFqq,1830
SHOREIINE ROAD,VARIANCES AND CONDITIONAL USE PERMIT (co�tixu�d)
McMillan askod if the Council is in agreement that th�ere only be one curb cut.
It was the consensus af the City Council that thtre�e only one curb cut.
McMillan statcd the Council shoulci perhaps discuss where the curb cut should be located. McMillan
asked if the Council feels the driveyasy should be smsller.
Mattick noted that the applica�meet the hardcovcr requinements and that perhaps the Council cfluld
look at that after they revise their p1Rns,
Walsh commented thc driveway would likely be amaller simply as a result of oae of the curb cuts being
elimin�ted.
McMiilsn asked how the Council feels about the fence.
Printup,Walah and McMillaa agreed th�re dces not appear to be a practical diffculty for tlu higher
fence.
Lev�ng aslced if th�ere is one aection that they would be allowed to have a 6-foot fence.
L���i�t�th�t is correct. C�rtis stated a 6-foot fence would be allowed fro�the setback at the 50-
foot setback up to the average sedback li�.
McMillan sta#ed it appears the majority of the City C.ouncil is in a�reement tbat thc fence should be
',Y(� lim�ited to 42 inches in height.
�('\1
� McMillan asked if the City Council is okay with the conditional use permit.
� Levang and Walsh indicat.ed they are fine with the conditsaa�al use permit.
� McMillan asked if there will be any landscaping.
Curtis stated if the Council would like to see the landscaping,they should spxify that in the direction to
tl�applicant.
It was the consensus of the City Council that the applicants submit plans reflecting the landscaping they
are praposing.
McMillan stated thc Council should next discuss the sidc setback variance.
Walsh stat�in his view the house should be radesigned and the side setback variance r�educed. Waish
stated he does not believe a 20-foot variance is neecled.
Page 33 of 32
, 1►'III�TUTES OF THE
ORONO CTTY COUNCIL MEETING
Monday,Febraary 8,Z016
7:00 o'clock p.m.
11. #16-3803 STONEWOpD,LLC,ON$EHALF OF TASHITAA TUFAE►,ig3p
SHOREI.L�1E RpAD,V,a►RIANCES AND CUNDTI'IONAL USE P�RMI'I'(con�nue�
McMillan rec�mmended the setback variaace be mi��much as possible.
Gustafson stated without some real sp�ificity on what the Council is willing to appmve,they are aslcittg
them to redesign the entire home,the site plan,draw a landscape P1an,and t�n hope that they minimize it
to a paint that is acx.eptable. Crustaf�n statod he would like so�e more specificity on what they can do
and that in their view by minimizing the side setback,the housc would be fairly narrow.
(3ustafson pointed out the vsriance that is being reqnired on the overhead.
Mattick asked how much room is available on th�e other side.
CYustafson stated they are tcnicching on that side.
Matticic asked if the Council is sug�esting the garage be pulled closer to t1�e neighlmr.
Walsh stated he is suggesting the house hug that line and bring it back. Walsh stated they could also talk
with the neighbors about moving the house bacic. Walah sta�ed h�is not sune hc csn sl�ecifY a Particular
number.
Gustafson noted it would p�rnbably eliminate a room and a balf on the]ak�eside of the hauae because they
would be shciaking the width of the house. Gustafson stated given the square footage the homaowner
would like,the house will appear to have more massing if it is shrnnk down. Guatafsfln stated in his view
homes get less attractive when they be�ome narrower. Gustafson noted if they moye the garag�doors to
the other side,the neighbore would be looldng at the back side of the garage and that thtre is no�t really a
way to dr�ss that up.
McMillan askCd why they are not able to malce the back side of the garage attrachve,
Gustafson not�d it would be the back side of a f+onr�stall garage and that it would be fairly long.
Walsh stated on the one setback line,they have more flexibility.
C�e�stafaon stated if you look at the side that ia facing tho neighbor,they,atte�pt���e it more
attractive.
Walsh stated that is the line they can work with and they can make the house�re att�active by perhaps
eliminating some of the bump-0uta.
McMillan stated she does not want thc Cottncil to get into a major redesign of the house and that they
should provide some direction on what they can tolerate for a side setback varianoe.
Mattick asked if it is as simple as switching the ganQge doors and then the variance on the side is okay.
Page 24 of 32
_ MIIVI7TES OF T�
ORONO CITY COUNCIL MEETII�IG
Monday,February 8,2016
7:00 o'dock p.m.
11. #16-3803 STONEWOOD,LLC,ON BEHA�,F OF TA3HITAA TUFAq, lg3p
SHORELINE ROAD,VARIANCES AND CONDIITONAL USE PERMPT (con�ued}
Cxustafson atated tbey could show the Council what that looks like and that is�w it was originally
designed. Gustafson stated they did not like the way it loolc�od as much as t�ey did with bringing the
gaza8e doors�ound the back.
MaMillan stated they could perhaps have two garage doora facing a different dit+actioxi,and that whenever
ther+e are four gatage doors in a row,it is going to look less attractive.
Gustafson noted that would add prob�bly quite a bit of asphalt.
McMillan stated the applicaats will neod tv figure out but that she woul.d necommend they look at a
different configuration for the garage. McMillan statod the neighbo�s will have to loolc a#it every day
with cars going in and out. McMillan stated th�ne could perhaps be some plantings in between soxne of
the stalls.
Printup stat�i in his view tho design of the gaiage could perhaps be worked out with the neighbo�s.
Walsh stated the direction is that the Council wants the setback encroachment to be as�all as possible.
Gustafson ask�ed if thc Cou�ncil is able to give thcm a apecific nwmber. Crustafsan nated there will be
considerable costs incur�d to redesign the house.
McMillan asked if there are full drawings on the house alr+ea�dy.
Gustafson indicated they have three renderings and 3D elevations of t�e cut and fill from the lake side.
Gustafsan stated in ord�er to cneatc the visual for the City Council,they would n�eed to put a lot of time
into it.
Mattick stated thc options at this point are t�wte on it as it stands or table it to see if the applicant would
libe to redesign it.
Walsh ststed if the application is voted down,they would ha.ve to start all over and that redesigning it
wonld allow them to continue.
Gustafs�n stated they would lik�e to table it but that he would like mor�e direction on the side setback.
Guatafson asked if there would be any leeway based vn the avernge width of the hom�v in the
neighborhood. Gustafson indicated they attemptod to make this twme similar to the other homes.
McMillan stated the only diff'erenoe is the fact that this is a corner lot,which reduces t.�e amaunt of
buildable area.
Walsh nated they anly have to deal with one neighbor as far as aesthetics,which is a positive.
�n�P����Y�f�e other homes in the neighborLood have rEceived setback variances.
Page 25 of 32
MINUTES OF T'�
� ORONO CTTY COUNCIL NIEETING
Monday,Febrasry 8,20Ib
7:Q0 o'cIock p,m.
1!. #If�3803 STONEWOOD,LLC,QN BEHALF OF TASHITAA TUFAA,1830
SHUItELIl�tE ROAD,VARIANG'ES AND CpNDITIONAL USE PFRNIIT (continuea�
McMillan stated she does not trelieue so and that to her uaderstandirig the two closest homes confarm#�o
the s�d+e sekbacic
Gustafson noted the red home received a varianae to move closer to the lake.
Prjnta.p moved,Walah aeconded,to tab�e Appiir�flon No.16-380�,TCO Desiga,2380 Shady�vood
Road.
Mattick aslced how long the applicants will need to ndesign th�house.
Gustafson stated they can cxtend the time limit if it tak,es lomger than a month, Cnistafsfln r�uested Stat�
let them know when that time p�ritod will expi�re and whether it needs to be extended.
VOTE;Ayes 5,Nays 0.
{A r�ese was ta,ken from 9:55 p.m.to 10:00 p.m.)
12. MARLANI C4NCEPTi3AL REQUEST TO EXPAND MU5A BQUNDARY
Barnhart noted thie ittm appeated before the City Council in January a�d that the applicant is requesting
the Cit�Council to consider extending the MU5A boundary. At that time the Council di�cted�ataffta
neview the implications with the Me�rapolitan Gouneil and report back.
On January 27 S#aff met with representativ+es frnm tLe Metropolitan Council to gaYn a better
nnderstanding of the implicatinns of a m�mber of propo�ed dcyebpments, I�appears#hat e��g�e
MiJSA baundary to acxommod�te this request could be accommodeied within the City's�urrent limits.
Barnhart stated fi+om a den,sity standpaint,the Comprehensive Plan identifies density at a rate of 3.29
units per a�re. VVhen th�e density is adjusted for the Mariani property,the density would drop down to 3.2
units per a�e. If it is adjusted to iuclude both the M�iani aad the James pmperties,the density would
drop down to 2.��and the City wauld need to identi�y additional arees wher�e higher density could go.
Barnhart noted the Cii3►does nat have a lot of sreas where higher d�ensity would be able to be loaated.
Furt�er,the�omprehensive Plan g�ides the Mariani pmpert�+for paris,recreational and op�space to
a�commoda�e futune expansion of Three Rivers Park District's Baker Park, Thene are other properti,es
th�t ar+e slsa ideatified for p�rk,recr�tional and apar s�ace in the area,but Tht�e Rivers did not elxt to
Purchaa�e this prc�p�rt�►at the time it was for sele. The expansion of urban services may be considered
inoonsistent witlz th�Comprehensive Plan as it implies iong term support for resid�ential land use.
Staff doe.s not recommend the MUSA be expanded as a Type III system is a viable option and extension
af the urban senrice dt�s not sppear consisteat with the lang term plan for tbe area.
Prinbup stat,ed he supports Staf�'s findings and that this might not be a situa6on involving the City.
Printup asked whether Mr.Mariani has i�ec;eived any feedback from the stptic contractor.
Page 26 of 32
Mll1TUTES OF THE
' QRONO CITY�OUNCII.MEETIlITG
Monday,March 14,2016
7:00 o'clock p.m.
9. #1!'r38�3 STONEWOOp,LLC,ON BEHALF OF TASffiTAA TUI�'AA, lg3p
SHORELTNE DRIVE,VA,RiANCES AND CONDITIONAL�TSE PFRMIT(condrtuc�
:Viattick noted the original motion would have allowed two access points and that the proposed
amendment is saying to not allow the Heritage Lane access. Mattick stated the Council would be voting
on whether the motian ahould be amended as pnrpased by Council iulember Printup. Mattick statai if the
amendment passes,then the amendment attaches to the original motion.
VOTE ON AMENDMENT: Ayes 2,Nays 3,McMi11�n,Cornick and Le�ving opp�ed.
McMillan noted if the original motion gssses,$resolution would come before the City Cauncil,and that
she would like to have the Heritage Lane curb cut staked priar to the next Council meeting,
The City Council voted on the followin�motion: I,evaag maved,Cornick seooaded,Applicatian
1�Tu. 16 3803,Stone�vood,LLC,on behslf of T�shit�a T�ia,1830 Shorel�ne Drlv�to direct Stuff�u
araft an�pproval resolatlon reflecting the changes requetted by Mayor Mcl�iillun. VOTE: Ayes 3,
Nays�,Walah und Printap opposed.
*10. #1b-3803 JOHN ADAMS QN BEHALF OF NORTH SHORE MEADOWS,LLC,2455
NORTH SHQRE DRIYE,VARIANCES—RESOLUTION NQ.6S%
Levang moved,Prtntap s�conded,to adopt RESOLUTION N0.6596,a R+esolutfon Decla�ln$th�t
the Praperty I.ecated at?.455 North 8bore Drive SLail be Cousidered as a Stsndard Lot for Zoning
Admi�ietradon Purposes. VQTE: Ayea 5,Nay� •
*11. #1b-3806 PILLAR HOMES ON BEHALF OF MII�LADD ANI)CARpL
STAIl�TBROCIfi,660 TO:�iKAWA ROAD,VARIdNCES—RESULUTION NQ 6�97
Le�►ang mo�ed,Prtatap seconded,to adopt RESULU7'ION NO.659'!u Resolntion Approviung
Variances firom Municipal Z,oning Code Sections 78-330 snd 78-iZ79,far the property located at
660 Tonlcaw�Rosd. VOTE: Ayes 5,N�ys 0.
1�. #16-3807 ESTAT'E DEVELOPMENT GROUP ON BEHALF OF SCQTT F'REDRIK;SEN,
4Z3 AND 595 OLl?CRYSTAL BAY R�AD NURTH,AND P'ID 33-118-1.3-Z4-OOQ�,REZpN1NG
TO RESIDENTIAL PLANNED UNIT DEVELOP�IE.NT,PREI.IlI4INARY PLAT A1V'D
CUMPREHENSIVE PLA11i AMENDMENT
GatY'ron noted the Cauncil has seen this as a sketch plan three previous tim�s and that the cun+�nt proposal
is similar to what was before the Couucil in December. The apglicant is proposing 39 single-family lots
on a 1ot that oonsists of approximately 12.5 acres of dry buildable. Tf1E ICSiI�t 18 S(�CBSIty Of
Ap�fI'OXIIIIS�ij�Y.�li'eP 1lIlltB pCY BCd�.
Page 19 of 37
MINUTE3 OF 1'HE
� ORONO CITY COUNCII.MEETIIWG
Mondsy,l�iuch 14,201b
7:�D o'+elock p.m.
9. #1b-38�3 5T01�'EWOOD,LLC,ON BEHAIfF OF TASffiTAA TUFAA,1830
SHORELINE DRIVE,VARIANCES AND CONDITIONAL USE PERNIIT(con�erred)
City Attorney M�ttick statod he understands where Mr.VVinstom is coming from in terms of estabfishing a
praetical difficulty,but t�at in aa agplication like this,there are a number of factors that nced to be taken
into cQnsideration. Mattick stated if ther8 are tfiings in the Cnuncil's opinion that should be looked at,
thos�are apFuvpriate to consider.
Mattick state,d there was a lot af discussion about the driveway hardcvver but that he does not believe a
hardcover variance is at p}ay in this appiication. Mattick etated where the driveway is located and how
much hard�cover exists m�y oome info play when discussing other variances.
Mattick asked if a variance is required for the driveway or the second curb cut.
C3a�Eron statad the driveway eituation is not a zoning issue but a Chapter 18 stc+eets issue$nd is not subject
to the pr�ic.�1 difficulty�alysis specifically.
Printu�asked if a condition eauld be that a curb cut be removed as part of t�e side stceet setback variance.
Mattick state�d as long�they still have accesa,the Council could deny the second curb cut. Mattick
s#ated whether there are two accesses or not is up to the City Cauncil. Mattick noted the County does
ccmtrol the right�f-way and that the Couaty waats poople to use the local roads for sccesa whenever
possible. Mattick stated he does un�derstand the desire to take it off af the local road to preserve some of
the parls�g but that he would enviaion the County denyiug that.
Walsh stated he would agrec with thet and that thene sbould be as few curb cuts on any main artery road
as possi�le.
MeMillan etatod it is part of the Council's job to make sure the roads are safer.
Printup raquested the motion be amended to require the second curb cub onto Heritage Lane be
elimina�ed if a varisnce is granted for the side street setback and that the access be onto He.ritage Drive.
I.evang in�icatsd she would not accept that amendment.
MeMitlan stated they could make a mation to that effect.
Walsh stated he would second Council Member Printup's motion so it ean be voted on.
Priuntup moved,Walsh sccond�xi,Application No. 16-38Q3,Stonewood,LLe,on behalf of TaslutAa
Tufaa,1830 Shoreline Drive,to smend the motion to deny the second cnrb cnt onto Heritxge Lane
as a condition of the side�treet setback variance.
McMillan stat�the3r would be voting on whether to amend the motion to deny the curb cut on Heritage
Lane.
Page 18 of 37
r •
NIINUTES OF THE
• ORONO CITY COUNCIL MEETIrTG
Monday,Much 14,?A16
7:00 o'clock p.m.
4� #16-3803 STONEWOOD,LLC,ON BEHAI�F OF TASHITAA TUFAA,1830
SgORELINE D1tIVE,VARIANCES AND CONDTTIONAI.USE PERMTT{coxlfitueJ}
Flessn�er stated Orono is fatnous for granting variances far every little thing that comes up,whieh makes it
difficult for the people who hsve lived there for many yeazs. Flessner stated if you start adding up the
value af these 16 pmperties,it is hu�e and is greater than what is being proposed for tlus corner lot.
McMillan not�Hennepin Caunty wanted to make County Road 15 four lanes aad the City fought again��t
that back in the 199Us. McMillan cammented she cannot im�agine what a four lane road would have done
to the area. Mcl�tillan stated a Iot of ideas have been discussed about Couirty Road 15 over the years an+d
that the City has worloed closeiy with the County on tho�e ideas. MeMillan stated citizens do have a lot
of input and that a number of citizens do not wa�stoplights on Cc�unty Road 1 S. As a r�esult of that,the
resi�e�s have to deal wittth what is thcre today.
Printup aa�ced Nir.Winston to touch on tt�legal points tha�he mentianed he had now that the City
Attorney ia present.
Jahn Winston stated his ob�ervation of the last me�ti�g was that the Council was more ooncerned abaut
matte�s su�ch as setbaek,hardcflveT,and the driveway but did not eoem to tauch on the variances tt�at were
bein�,�qu�ested. Win$ton stated from a technical standpoi�,the rec�ord did not scem t,o have anything in
it denying the variances and that it sceme+d like tho variances were a factor of the size of the lot and the
width of the lot,which the homeowner does not�ave any control over. Wix�ton stated&om a legal
standpoint,it seemed to him that they had that eo�vered�hat and that the applicant has lesseated the
encmachment uatil the sefback siIIcx that time. Winston stated there ciid not seem to be anyt�ing in the
recflrd t�at the Coun,cil�+o�a1d deny those variance.
V�iaston stated from his p�rsonal observation,the site seems to work extremely we11 from a safety
stan�oint in that peflple would not have to back out into the street. Winston stated his car dces not have
a baokup Cam�era and that it is a safety concern. The prapos�d�esign takes parking offthe street.
Winston stated when he comes to thet site,he is more 1ik,ely to park onsite when there is a cin.ular
driv8way. Not lxaving the two eurb cuts would�xacerbate the situatian.
Winston stated he is familiar with this builder's work and that he has a�en a number of homes he has
haadlal. Wir�tc�n stated he wauld like the n�ighbors understand that what will be vans�here will
be a nice loolong 6uilding and thst the Tufea's have hired a first-class buildet. Winston t�mmented he
would be luclry to have t1�is home in his neighborhood sad that he�►ould like to assure the neighbors that
the builder constructs quality homes a�d it will be landscaped.
Winskon teiterAted he did not s�e anything in the prior recflrd that would support a deni�l of this
application and that they have doae th�eir best tv make this design the very best for the lot.
Walsh stated in his view Mr.Winston was watching another year's video because the Council did have
issues with the curb cuts and tka�t they did not see that as a prsctical difficulty since the A�'P�hr o�'i'►er
lmew he was buying a eorner lot. VValsh indicated he raisod issues with the setback and that due to those
issues hc asked that it be redesigned, Walsh stated he wants to set the facts straight and that he did heve
an issue with the practical difficulties since they lmew they were buying a corner lot.
Page 17 of 37
MIlVUTES OF THE
• QRUNO C�'I'Y COUNCIL MEETII�TG
Monday,lV�arch id,2016
7:00 o'clock p.m.
9. #16-38Q3 STONEWOOD,LLC,ON BEHALF OF TASHITAA TUFAAy 1830
SHQRELINE DRNE,VARIANCES AND CONDITIONA.L USE PE1tMTT{condnued)
McMillan stated outlots will cause problems to the surnounding neighbors to a�n outlot because they have
to aecammodate the boat owners. McMillan stat,ed the Fox Hill Homeowners Association is there for the
16 dock owners but tt�at it is aot for all the homeowners in the area. McMillan con�mcnted it is a very
special,unique situation and something that a lot of people who dn not live on the lake would love to
have.
McMillan noted she worlc�d with the Fox Hill neighborhood back in the 1990s when she was am the
LMCD Board. At that time the neighborhood lost three slips and they were down to 13 slips. McMillan
stated she worked hard with Mike Gaffron to get tlwse three slips back and that it is a very sp�ocial
situation,which can cause prablems at times. McMillan cormmented she hopes the residents appreeiate it
but that it does areate same di�culties with parking.
Matt Mithua, 1160 Heritage Lane,asked if the County or City could gramt permanern access off of
County Road 15.
+Gaf&oa noted Cc�unty Road 15 is a oounty mad and that the City would uot be able to ga�pea�nnanent
aecess off of t�at road. Ga#'fmn 8tate�typieally Hennepin Cflunty will not approve permanent access onto
a county raad if an alt+�r�ate access is availeble and that it is a safety issue.
Flessner askad if Orono has asked Hennepin County about the ability to use the driveway on a permanent
basis. Flessner asked why the City would not support the applicant getting a driveway cmto County Road
I5.
Walsh notod the letter on the overhead is the temporary ac+eess letter received frnm the County.
?vlcMillan stated Cot�uty Road 15 has a lot of ttaffic am it and that the City and County attempt to make it
as safe as possi�ble. McMillan noted the County and City woul�d prefer Heritage Laae to be the centrat
gathering spot for cars that are going onto County Ro$d 15�tnd that nobody wants to look towards the
lake and see a driveway if they do nat have to.
Flessner noted there was a driveway there in the past.
MeMillan noted Couaty Road 15 has s�een a substantial increase in the amount of trai�c on the rosd since
that honse was originally built.
Flessner stat�d yea�ago the Couaty wanted to put a light at Couniy Roads 15 end 51 to help improve the
flow of traffic but that the people in Mound fought it anci the County backed nff on it. The Cotuvty also
wantecl to shut down Heritage Lane and have the access through Heritage Drive,which would have b�n
okay in some respects,but it did nvt happen. Flessner stated it always is the public expressing their views
and the elective body talcing it under advise,ment Flessner stated there have been a lat of people here
tcmight explaining their concerns and that she hopes the City Council takes that into considerstion in their
decision.
Page 16 of 37
MIIVUTES OF THE
- ORUNO CITY COUNCIL�4IEETIl�iG
Mondxy,Mareb I4,2Q16
7:U0 o'clock p.m.
9. #lb-3$03 STONEWOOD,LLC,UN BEHALF OF TASHITAA TUFAA,1830
SHORELINE DRI'VE,VARiANCES AND CONDTTIONAL U3E PERMIT(continuad)
Libby stata�part of the reason he attends these mee#ings is for the other 16 property own�s that are in
this neighborhoad.
Libby stated one of the intrinsic values to this neighborhood is the fact that the residents can use the dvcks
and park on the street. The majority of the residents have historically used the parking along the west side
of Heritage Lane for many decades.
Libby noted there is an ac�ition in the amended plan that he was not aware of negarding the driveway
alignment.
Libby statod tlyat was not what they had discussed at the Last meeting and that the alt�rnstive that wes
suggested was basod oa a statutory compliance that there must be an egress or tumarouad,which has been
in eff�ct si�e198G. Libby staoted he daes not see any effart to revise the driveway.
Libby noted he asked the developer if thcy had taken�ny method of c�sign or c�nsideration for a
diffe�ent type of turnamund or roundabout and he said no because they did not have a requirement to
explare a differ�nt desiga. The develaper stated they are eatidad to the right to use Heritagc Lane as a
secc��,d egress and that it would be prohibited by law to enfarce or to prohibit them from having that carb
cut. Libby stated he was not able tc�respond to thst because he is not an attorney but that perhaps the City
Attoraey cauld respond to that.
Libby atated tradition�ally 16 homeowners,with the fuiure development of two lots,have becn using this
area to parlc in amd�er to briag provisions and family and guests to use their boats. 4s a result of the curb
cut and turning radius,they will not only be d�eprived of one parlcing lot but actually two parldng spots in
each direction. Libby stated that deprives the residents of Fox�iill to pazk there and that in reality they
will lose about 12 parking spaces total. Libby stated the residents will alsfl have to put up with
const�uction for the aext five yeara�which will be a m�jor inconveaience.
Libby s�ated while the residents and the Council respect the property rights of every individual,the
Cauncil cen�not.do that es a governing body at the cost and inconvenience of the many over the good of
the few,which is alao atated in t#�e City's Charter. Libby stated until future ivesearch is done and the City
Attorney determines there are legal pnnvisions that give the Tufaa's the right to have the two curb cuts,
the Council should nat move forwazd with this application.
McMillan n.oted the16 docks is an Qutlot situation and that Qne of the reason why Omno stopped having
outlots is because all the cars have to c�ngregate in that area in order to use them. McMillan stated other
cities arnund the lake a11ow ouflots but that Orono is probably the strictest cit�regarding oudots.
McMillan asked how many outlots the City has.
Cra�'i`on stated to his knowledge the City iss►ies 12 or 14 joint use dock licenses per year. Ga�ron stated
this situation is relatively unique compared to the rest of them s�nce many of thase do not have a need far
parking and most of the residents can walk to their docks.
Page 15 of 37
�, .
MINUTES OF THE
• ORONO CITY C�UNCIL MEETING
Monday,March 14,2016
7:00 o'clock p.m.
9. #16-3g03 3TONEWQQD,LLC,ON BEHALF OF TASHITAA TIJF�►A,1830
SHORELIlVE DRIVE,VARIAI�'CES AND CONDITIONAL TISE PERNIIT(cont�itucd)
McMillan commeated it might be helpful to have some stakes placed in the ground.
Cxustafsvn stated if tre�ane an issne,they can agree to replace as many trces as are removed.
Greg Coward, 1950 Heritage Drive,stated he would like Council Membar Levang to describe the
discussions between the neighbors and the applicant and builder and the reactions of the neighbors.
L.eva�g�tated eve�ything shc has read,including e-mails from Mrs.Chani,er,indicate ttiat the developtr
and a�plicant came to their house and that they hac�a gneat conversation. Levan$stated she tak�es as
positive the fact that the house had been moved hack ten feet and that s�he dces not take anything there as
ntgative.
Coward stated Couacil Membcr I,evang has misrepresented ho�►the neighbors came away fiom those
meetings.
Levang noted ahe is oaly resp�nding to what she has r�ead.
Coward stated sl�e has c�mplexely misunde�stoad it.
Levang atat�d thet+e was nothin,g inflammatory or negatrve in anything that she has read.
��ard noted his wife attended two of those meetiugs aad tbat what Council Member Levang said
completely mis�:�prese�s the nature of the discussians. Coward stated Council Member L�.wang is tryin8
to put lipstick on it to justify her vote.
Levang comm�nted she was responding to whaot she read.
Connie Castaway,4rono,atated she has worked with Mr.Tufaa a�nd his family and that she�s attended
all of the neighborhood meetings. Castaway noted Mrs.C�ward was there,expresscd some concerns,and
that they at�emptod to work with everyone and accammadate their requests. Castaway indieated she hss
n.ot seen Mr.Cowani at�►ny pf those m�tings,nor has he attempted to reach out to titem. Castaway
stated she dces not lrnow what he is tallring about but tl�at shc apolo�if there was a misunde�anding,
(City Attorney Mattick arrives at 8:17 p.m.)
Kelly Rische 1180 Heritage Lane, stated staking out the curb cut would be very helpful and that she has a
concern if the driveway is located directly across from their residence. Rische statad while t�e fence
variance is no long�r being roquested,she is still worried about its appearence and this prope�ty having a
gated entrance,which would then require monuments and be out of character with the rest of the
neighborhvod.
Dennis Libby,l UUG Heritage Lane,stated his recollection very clearly from the last meeting was that
there would be a different desiga based on the recummeadation of the City Couneil and Staff.
Page 14 of 37
MINUTES OF THE
� ORONO CITY�OUNCIL MEETII�iG
Monday,March 14,2016
7:00 o'clock p.m.
9. #16�3803 STONEWpOD,LLC,ON BEHAI�F pF TASHITAA TUF�A, 1830
SHORELINE DRIyE,VARIANCES AND CONDITIONAL USE PERNIIT(cnadnued)
Seaior Planner GafTron noted the City has had requests for two�urb cuts on private roads as well as
public�ads in the pa�t and that a number of them have been appraved on the private roads,espe�ially in
the 2-acre zone,because they had little impact on the neighborhood. Qn 50-foot lots,two curb cuts}�ave
been rautin�ely denied. Gaffmn stated there are no standards in Chapter 18 0�crther zoning chap#ers that
provide direction on�vhen Stsff should or should not appmve those and that it has pretty much been left
to the Pablic V4'orks DiraetorlCity Engineer to approve.
'Walsh noted the City has not reccived any input from the neighbors yet tonight.
McMillan aaked if anyone from the public would like to comment oa this
Melanie Flessner, 1190 Heritage I,ane,atated her major ooncern with the propeits.is the driwe�,ay for
Heritage La�e aad the two curb�uts. Fl�aner nated the Fox Fi'ill Hameowne�s Asaociation has
mainxaiaed tl�at artine easemcnt for o��er SO�a�d that for it to become used xs a dri�►evs,ay would not
be azsthetically pleasing. Flessner commented it would be a mce,beautiful p�operty fo�the Tufaa family
but that th�e rest of th�aeighborhood will gct to look at cement. Flessner stated it is likely the tre�that
ri now wauld be removed along with the�ass. Flessner notsd there has not een any
�s�"on regarding lan uig ar�a an t�it concxun.
Flessner noted the developer tatked abottt taking the fencing off t�table fiar tl�tima being,which meaas
thaa�t the City and neighbors v�ill again be forced to look at it. Flessner stated she gat the imp�ssivn that
the h,ouse was glaced fiuth�er back eo it could accommodate the driveway and that they did not lose any
lakeslwre. Flessner stated the re�ulations of the City should be followod$nd that she is not sure why new
homts should naed variances. Flessner stat$d if they go with a higher height,tbere would not be a neod
for a side�tback variance.
McMillan notad the City Counoil did t+aceive Ms.Flessner's e-mail as well. MaMillan asked hm�,many
trees wc�uld be re�ovcd for the curb cut.
G�ustafsoa stated it likely will be two.
Flessner commented tb�ere are more than two trees in that area.
Gustafson statod he is tall�ing about the trees in the loeation of the curb cut.
Fl�sner statod the roots of some of the other trees will Iikely be cut and eventual].y die,
Tufae stated they do not want to come into the neighborhood ss sh�ngers and that they waat to do
everything possible that they can to accommodate the neigtibons. Tufaa stated they do not want to cut a
single tree down if they do not 11ave to. Thfaa indicated he wvuld be willing to replace eny trees ey cut
down.
��
MeMillan askeci if tbe curb cut has been identified.
Gustafson in&cated it has been.
Page 19 of 37
Mnv�s oF�
• ORONO CITY COUNCIL MEETIl�IG
Monday,M�reh 14,2016
7:00 o'clock p.m.
9. #16-3803 STONEWOOD,LLC,ON BEHAI.F OF TASffiTAA TUFAA, 1830
SHORELINE DRNE,VARIANC'ES AND CONDITIONAL USE PERMIT(c�ont�ttnued)
Gustafson stated they would be willing to do aame sort of a reduction and that it could possihly be as
narmw as 12 fcet wide as long as they do s+dme type of sub tertain work to stabilize the soil.
Mc'•Viillan stated a narrower driveway would also look better and less commercial. McMiilan�tated if
Heritage i.sne is the ma.in entrance,that driveway shoulri be a litrle bit wider than the c�ther entranee.
McMillan stated sho d�oes have a concern about sflme of the wat�r running off the west side anc�then
down given the amonnt of asphalt.
Cornick stated based on the comments of the May,he would give Mr.Tufaa the house that he wants and
that thcy should go ah�ad with it.
Lev�ng maved,Cornick iecoaded,Application No. 16-3$�3,Ston�wood,LLC,on behalf af Tasbitaa
Tnfaa,1830 Shoreline Drive,to direct St�tff to dnft an approval raolntian reflecttng tLe chunges
requeated by 1Hayor McMillan.
Wa1sh stated in his view tvro curb cuts is not neaded or agpropriate and that the applicant efluld r�orient
the garage without a prablem. Watsh etatod the applicant has chosen to push the design th�y wa�and
th$t he would not agxce with the two curb cuts. Walsh indicated he still has issues with the 34 feet when
it should be 50 feet and that he slso has an issue with hugging the lot line. Walsh stated i�the garage
were in the front,t�ey would have plenty of room for parking. Walsh noted his car has rear view backup
atui tb�at it is not necessary far someone t4 tiun around. Walsh stated the applicants have chosen th�eir
owa ori�atation,which is their choice to do,but that he does not agree with it.
Printup stated the temporary construction aceess should also be included in the resalntion.
Crustafsan stated the temporary access will be used for the excavation and deliveries. The caxpenters and
other workers will use t�e other road.
Printup stated he would i�e to h�ar more about the curb eut issu�e�nd why the new City Engine.er
interpm�ts the languag,e a different way tl�siu how it was interp�+eted in the past.
G�xrti$stat�d in the past a lwmeowner applicant would m.ake a request to the Public Works Director for a
curb cut. C�utie stated she cannot really speak to how that process happened but that it was happening at
a Staff Ievel. Whea the City�ceived a couple of inqusres last swnmer about it,Edwards stated he would
be more oflmfort�ble bringir�g the issue to the Council. G�rtis not�d the application on Sh�dywood was
brought befo�e the Council and t3�at a few other applicants o�ted not to go before the�ouncil to reque�t
two curb cuts.
Walsh stated two curb cuts will impact the neighbozhood more and that it should be brought before the
Crnuicil.
Gustafson stated they asked the question of the former public works director and was tald it was not a
problem.
Page 12 of 37
MIl�UTES OF TAE
� ORQNO CI'i'Y CUUNCII.MEETYNG
Monday,March 14,2016
7:00 o'clock p.ar.
9. #16-3803 STONEWOOD,LLC,ON BEHALF OF TASHITAA TiJFAA, 1830
SHORELINE DRIVE,VARIA,�ICES AND CONDITIONAL USE PERNIIT(candiiued)
Gustafson stated th2tt is the one that would wo�c if the.y are only allowed one. Having one curb cut would
prr�bably lead to everybody tha#visits this home parking on Heritage Lane. Gustafson stated having a
sidewalk tht+ou8h the yard defeats some of the eomments of the neighbors about not ha�+ing the ciub cut
on Heritage Lsne.
Prixrtup stated if there ia a�ore intensive use of the house,given the£act that the house expands in that
direction,the driveway on that side will,�nhance that use and makes him a little uncomfortable about the
variauce. Printup asked if a vari�nce is being requested on the Heritage Lane side.
Curtis poi�mted aut the setback line and the arcroachment on tive overhead.
Priatup stated allowing a driveway on thst side enhances a more intensified use in an area that shrnild not
have any house at all.
Gustafson noted the homes acroas the st�+eet both accesa onto Heritage Laa�e and that it is likely ths�any
builder that would prnpose a house on this PmP�Y wauld propose that th�front door faoe HGritage Lane.
If the front door does not face Heritage I.aae,it l�cely would be c�onfi�sing to visitors to have to drive gast
the l:ause to get to the finnt door. Cn�stafsc�n stated even if they were to go witb.an entirely differeat
design,i�would still frant Heritage Lane.
I-ev'an$stated iun her view they have dvne a me�nanimous job of working with the neighbors by holding
muItiple neighbQrhood meetings aad t11at they have dane a wonderful job in bein�fleacible and w�nting to
be geod neighbors. Levang stated the fact that there az�e some c�onstraints with the lot,which is why the
City has a variance process and that she is not stiue what more anyone could ask of the applicant in being
flexible,respex,rtful,and wenting to be good neighbors. Levang stated she doea not have any pmblems
with the application and that in hex view they have done a wonderfixl job.
Printup asked if County Road 15 will be closed down as part of the Metropalitan Council sewer line
praject or whether local traffic will be allowed.
Loftus ststed.there will be fu11 access during canshuction on the Orono side o£the project and th,at she is
not sure abeut the La�g Laka aide of the praject.
McMi11�statod she appreciates the revision that they have done by pulling it out af the side setback and
moving th�e house b�ck ten feet to accommodate the neighbor. McMillan indiaated she is oka.y with going
ahead with a resolution but that she would like the applicant to look a lfttle fiuther into acoommodating a
driveway apran and incorporating some landscaping for the neighbors. McMillan sugg�sted the applicant
considat reducing some of the asph�lt for the driveway and also show that�novgh lands�caping caa be put
in fmnt of the fe,nce.
McMillan stated it sounds like the curb cut d�of Heritage Lane will be the main e�ntrance and that they
should consider reducing the width of the driveway entrance off of Heritage Drive. McMillan
commented she looks at that as more of a utility driveway and that in her view it�does not need to be 18
feet wide. McMillan stated if that curb cut is redueed,she would be okay with the two curb cuts.
Page 11 of 3T
MINUTES OF'I'HE
• ORONO CITY COUNCII�MEET"II�IG
Monday,March 14,2016
7:00 o'clock p.m.
9. #i�3803 STONEWOOD,LLC,ON BEHAI.F OF TA3ffiTAA TUFAA, 1830
SHORFT•�DRIVE,VARIANCES AND CONDITIO1riAL USE PERNIIT(co�li�eued)
Walsh stated from the stan�point that there ia other eonstruction going on in this neighborhood,this site
has to stand on its own,as all sites do,and that he cannot compare it to a house that was built 30 years
ago. Wa3sh commented he could come up with prnQerties that have 50 percent hardcover but that does
not meaa this lot shauld have that much,espocially when it is a vacant lot.
Walsh stated he undeastands that when they talked about this the last time,the applicas�t electsd to table it
rather than have the Council vote on it and lilcely dcay it. Waish stated nothing has ehanged really from
the original plan except far the three feet in the side setback from Heritage but that it was not a variance
issue. W�lsh stated he does nat see a lot of direction that got changed.
K1i�t not�i they originally st�rted with four ar five varisnces�d that they have eliminated the fenc�
varian�. Klint stated they have reduced the setback encroachment and tl�at ther�e are not�caaforniing lot
iss�s in addition to the conditional use permit. Klint indicated he is nQt sure which ones they did not
address and that he takes offease when Counail Member Wa1sh says that they did not much change. Klint
noted the�►are unable to change two of the variances cfiue to the nonconforming lot.
Walsh noted the Mayor said those variances were a given at the last meeting and that they were nat an
issue. R�alsh stateci it was likely the fence was�ot going to get appmved.
Klint stated the f�ence varianee�as been eliminated but that the conditional use permit is necessary to
mave a lot of dirt to get a house built on the lot. Klint noted they have roduced the side yar+d setbacic.
Wa1sh stata�the curb cut also requires Cauncil appraval.
Gustafsvn stated after the last Council meeting,thcy consult�d with their client and worked through the
issues as best they could. Gustafson stated the desi�incorpor�tes the elements that are important to their
client and th�driveway ad�lresses the safety issue of having someone back out onto the road and is
consistent with the neighborhood.. CYustaf�on stated ia their view the design makes sense.
Gustafaon noted the conditional use permit was not a major issue at the last meeting and that they have
attempted to make the best effort to understand what might be acoeptable. Gustafson indicated they
looked at the other homes in the neighborhood and attempt�to couple that with how much the house
could be compr�without completely re�igning it. Gustafson utdicatod they also attempted to
address the location of the garage doors,which did not make the side yard setback any better o�worse,
and is why the design is the way it is.
Gustafson stat�he is not sure if they can do anything about the size of the lot,which is what Mr.
Winstan was probably referring to when he said that the tot campels variances. Gustafson stated buildin$
a house that is long and nan�ow would not be very attractive and that they have attempted to wark within
the bounds of the setback as much as possible in order to design a house that would be compatible with
the other homes in the ncighborhood.
Council Member Printup asked if the Heritage Lane curb cut is their preference.
Page 10 of 37
hmvu�rEs oF�
� oRONo crrY cotnvcII,MEETnvc
11�onday,Much 14,2016
7:8t1 o'clock p.m.
9. #16-3803 STONEWOOD,LLC,ON BEAAI,F OF TASHITAA TUFAA,1830
SHORELINE DRIVE�,VARIANCES A�iD CONDITIONAL USE PERMTT(continu�d)
McMillan�ated now that the hause is being moved ten feet furthe,r fiom the lalc�, it does not appear the
drir+eway wi�l impact the n+eighbor as much but that she waats to make�uurc the apron does not cause a lot
of runoff.
K,�i�tt indicatsd thene should not be a Iot of runoff from the driveway and that the nu►off is more dir�cted
towards the lake. K1int indicated they are willing to work with the neighbor on the screening and that
they are allowed a 6-foot fence in that area,which would help bloek headli�hts shining onto the
neighbor's property.
Gvstafson stated as it relates to the width of the driveway.the nsrrowest width they typically go to is 12
feet,w}iiah only gives a three-foot flare on each side. Gustafson stated fhey do not wam to make the
corner tot�tight,which would result in p�xrplc driving on the la.wn.
McMillaz►stated she understands the desine far off�trcet p�arking but t�at her concera was with the width
of ttie clriveway. McMillan stated the site does allow fcir quite a bit of m,ov�ment af cars but th�t she dces
not want it to be exceesive.
K1int atated in their view this was the better scenario since it did not give the ap�pearance of having a
parking lot or garage in front. The proposed d�esig,n gives more of the illustcation of a ssnall street rnnning
thmugh the pmp�ty rathet than a large patc�of asph�lt in front of the�arage.
Carnick stated th�e w$ikway leading to the house fram the st�et scems to be redundant.
Klint stated th�e property o�uvner was rather adamant about that and that it is a more pedestrian oriented
entrance to tbe lat rather than just the drivewsy.
Custafson stated it��vely ia�landscapi�g eleme�t and is msant to be welcaming.
Levang eslced arhat it wi11 be consttuctsd of.
Kli�indicated it most likcly would be a gaver of some sort.
Levang stat�d she understan�ds the point of it being more welcoming for the neighbors.
Walsh stated he appreciates Mr.Winston's comments about the Planning Commission and how there has
not bcen any concems raised about the sethack variance. Walsh stated he would like to set the t+ecord
straight and that he did h�v+e issue with a couple of the variances a�d that the Council did not have
agnement on the two curb cuts and the side sefback issue. Walsh stated buying a corner lat is not a
practir,al difficulty in most people's eyes since the person know�what they are buying. VVhile the
Council did nat give a specific number on the setbaek,Walsh stated he was haping ta see a complete
redesign with anty one curb cut rather than simply a 3-foot reduction in the eneroachment.
Walsh not�d Mr.Winston also said that this site compels the need for variances but in 1us vie�v it does
not. Walsh stat�d if someone wants to put something on a lot that daes ndt fit,then it becomes an issue.
Waish stated he is not adverse to a big house but that the applieant should try to fit the house on the lot
without variances.
Page 9 of 37
MINiJTE5 OF THE
� ORONO CTTY COUNCIL MEETING
Monday,Much 14,2416
7:011 o'clock p.m.
9. #16-3803 STONEWQ4D,LLC,ON BEHALF OF TASHITAA TUFAA,1830
SHORELIlYE DRIVE,VARIANCES AND CONDITIONAL USE PERNIIT(cont�nuad)
�stafs4n commented the Council approved ope a while ago that was preity similaz.
Curtis noted that was on Shadywood and Crystal Bay Road. Curtis statod it was a corner lot for a
detached garage. In that instauce the property owner did not have a through c�onne�tion but had an access
to the aew detached garage that was approved.
Walsh noted it was mentiamed that this cc�uld potentially be a Staff decision,but when he resds the report,
it says that im addrtion to other varianees,a variance to allow a secoad driveway is needed because City
Code vnly allows one driveway appro�cch per pmperty.
Curtis statod the previous Publio works Director in�it as a Bzaff approved variance. Curtis noted
it would no+t be a variance in the zaniug code but a vari�nce to Chapter 18. The new Ci#y Engineer has
decided t�at that is�decision he would like the Cauncil to make.
Klint stat�ed some of the other neighbors'concerns related�o construction traffic. Klint noted th�re is the
new development th�ot is happening at the end of Heritage Lane as well as the two empty lots that arc now
curn�ntly for sale. As a rr�ilt,the neighbors are�quite concerned�bout the amount of develaQment in this
neighborhovd. Klint indicated they have beea in contact with Hennepin Cowrty aud they will alloPw
tsmporary acoess anto Shoneline Drive but will not allow permanent access. That temporary access
should alle`riate most of the heavy aonstruction traffic and the warkers on the house should be able to
park on the site.
Klint stated th�y have also removed the request for the b-foot tall fen,ce around the perimeter of the
praperty and t1�t they are in the process of developing a landscape plan. Klint stated they will have a
f�ce of some type bnt that they will not be aslang for a variance af any kind for the fence.
Gustafson stated the feaee also came up durin�the neighborhood�eeting. Gustafsan stat�of the five
nei�hbors who attended the meetueg,two of them had objections to the fence. The neighbor directly
acr+�s the street had an objection ta the fence and 11+Ir.Tufaa indicated he is willing to work with him.
McMillan asked if the curb cuts will be 18 fcet wide.
Klint stated he does not hww the exact size.
I�+IcMillan sta#ed he Ims 12 an the interior driveway and then 18 at the ctub.
Klint not�d that is far the turniag radius.
Gustafson oommented it is nat a hard and fast number.
McMillan stated the 18-foot curb cut is pretty wide and that reducing the width might alleviate some of
the c�ucern. McMillan stated the nazrower width sometimes leads to some parkiag problerns at times,but
that the City prefers the lower key,less urban look. McMillan noted they are not over on hardcover,but
that in her view t�e amount af driveway could be minimi�.ed.
Page 8 of 37
MIlVUTES OF THE
� OR4N0 CTl'Y COUNCIL MEETIlVG
Monday,March 14,2016
7:00 o'clock p.m.
9. #16-3803 STONEW��D,LLC,ON BEHALF OF TASHITAA TUF.�1,1830
SHORELIlVE DRIVE,VARIANCES AND CONDITIONAL USE PERMTI'{conti�er��d)
The only m,ason they ane asking for th,e s+etback is because there are streets on ihree sides of the property
and that by not asking for th�sotback on Heritage Laae that will result in a house that is taller and fatter
and wi11 agpear tsller and more massive.
Klint stated they arrived at the two carb cuts for eese of access to the site. The primary driveway will be
Heritage Lane regardlesa if the two ct�rb cuts are appmved. The house and lot design does not allow£or
the primary driveway to ba off of Heritage Drive. Klint stated the two curb cuts will sllow the h�affic to
move through the site rather than backing up onto the road.
Gustafson stated he loft thc laat meeting with the misundsrstanding that the objection was to the Heritage
Drive snd not Heritage L,ane. Gustafson st�ted if there vfras oa�ly one cwb cut on Heritage Drive,the
design dces not work without a 75 to 1 fl0 foot sidewalk to tho frornt doar. Gu�tafson indicated c,ars would
also have a difficult time getting around the cornes and having a turnaraund by the front doar. Gustafson
stated the one cwrb cut o�Heritage Lane dces war�C but it is not ss elegant aaci requires more asphalt as
well as a turnar�und.
Klir►t statec�auothar concem that was raised at the last ncighborhtx�d meeting was that by�having aecess
onto Herlltage L,ane that waulc3 reduce the number of parking spaces available to the residents far on�treet
parking to acoess their docks. Klint stated the main concern was that the curb cut on Heritagc Laae would
eliminate thc�e parking spaces. Klin�t stated if you sasume t�at there ia 20 feet per parking sPace,the
diatauce from the curb cut to essentially the first Parking spot behind the stcyp aign,there is 340 f�e,et of
curb. Given that amomit of space,the residents would be able to park up to as maay as 17 cars between
the cu�b cut aad the stop sign. Klint notsd there ar+e 16 lots im the asaociaition n'tght now,with two of the
lots bcing cmpty and two of the lots being locatod direetly across fmm this p�ogeriy. Klint ststed if
ev�ryvne dccided to come a�d park,thexe wanld be enaugh roam for everyc�ne in the assaciatian to park
on the one side of the street.
Klutt notod in the past the twd curb euts have beea approved by the City Engineer without input from the
Councit. The ne�w engineer has asked for input from the Council,which is why it is being brought tc�the
Council's attention tonight.
Gustafsoa asked if Staff hss rece�ived a�opinion from the City Engineer ar whether he has simply
deferred to the Council.
C�utis indicated she did as,k him if the decision was a Staff ciecision versus a Council decision and what
standards and concerns noed to be addfiessed with the curb cut approval. Ctiirtis stated the Code requirEs a
1(1Q-foot setback from the c��rner and other engineering standards be met,such as the curve of the road.
Cortis stated the City Engineer generally does not have a concern with one or two curb cuts on a road like
this.
Gustafson asked if they meet that setback.
G�artis stated it is her understanding they have adjusted it to meet the 100-foot setback on Heritage Drive.
Page 7 of 37
MINUTES OF THE
' ORONO CTTY COUNCIL MEETING
Moaday,March 14,2016
7:00 o'clock p.m.
4. #16-38Q3 STONEWOOD,LI.C,Olv BEHALF OF TASHTTAA TUFAA, 183Q
SHORFT.nv�:Dg��VAR�A��TCES AND CONDITIONAL USE PERMIT(contlnued)
Tufaa stat�d one of the reasons they would like to move to this lot is to enjoy the lakeshore. Tufaa atated
thcy have listened very carefully to the neighbors and the CQu.ncil and that they do not want to be greadY
or seifish a�xi instead be a pact af the community. As a result,they have given up having their house
elaser to the lake. 1�faa stated he hopes evers►thing will be appmved tonight and that he would humbly
and�sg�kfi�lly ask that the Cauncil apprc�ve his application.
Tom Klint,Architect,stated between the last Council m�ting and this meeting,the biggest change that
was nzade after sgealQng with the neighbors was moving the house further away from the lake. Klint
stated the nei�hbore were veiy vancerned about keeping the homes in tine so no one's view was
restiicted,which resulted in them maving th�house back to make it more in line with the other hoines.
Klir�t stated he p�y�ically met with the�djoining hameowner onsite and that�e indicated he oould five
with the hause wb�ere it is now being propos�d.
Klint aoted the side yard s�tback encroachment has been r�educed and is now at 34.8. Klint stated the
houee on the oorner ofHeritage Lane and Shoreline Drive to the north of this property is at 32.8. Klint
sta�ed he knowa the Council had a hard time at the last meeting giving them a hard number on wl�at ths
setback shauld be reduced to and that they arrived at that number,which is less of an encroaehment thaa
the neighbor across the srroet.
Sven Gust,afscro stated if it was red�iced any further,the design suffered aud the house was no longer
functional.
Klint stated they also reduced ffie overall mass that is in the encroachment. The�oflines have been
br�ought dvwn and the house has been shnink in the area of the encro�chment. The footprint has been
redu�ced by 130 square feet,which oquates to nearly 4,U00 cubic feet of structure that was orig�nally in the
side setback. Kl"mt stated they alsfl looked at rotating the house and making it perallel to the lot line.
Klint stated what that actu,ally did was make the house enaroach upcm the aide yard setba�ck even fiuther.
Gustaf'son�tated they actually modeled the house and redrew the plans with the garage door on the end
and a garage door on the side. The decision not to do that was that,rnunber one�the homeowner did aot
like the loak of th�e bouse,which was a prioritp;and number two,and it did not make the situatioa any
better,which led them back to the original design. Klint stated since the original desiga is not parallel to
the lot line,the maitt view of the property is a little angled and pr�vents someone from looking straight
window to window.
Klint indicated they also redesigned the garage doors to b�on the Heritage I.a�ke side,wl�ich r�sulted in a
lot morE asphalt oa Heritage Laae and resulted in the garage loolcing a lot more like a garage at that point
when s�meone drives by it. Klint stated in their view this was a better design in the long run.
Klint nated the other concern raised at the last meeting was the size of the hause. Kli�pointed out that
the lot consis�s of 1.66 aGres Rud that they are allowed to cover 15 percent of the lvt by the Zoning Code,
whieh gives them 10,845 squar�e feet. The proposed house print is 4,�00 square feet,which is not even
half of what wnuld be allowed. The haase is also under the maximum building height aad way uuder
hardcover restrictions. Klint stated this is a large lot and can accommodate a large house quite well.
Page b of 37
MIIVZJTES OF THE
• ORONO CITY COUNC`II..MEETING
Mondsy,Much 14,2016
7:00 dclock p.m.
9. #16-3803 STONEWOOD,LLC,ON BEHALF QF TASHITAA TUFAA, 1$30
SHORELIlV'E DRIVE,VARIANCES AND CUNDITIONAL U3E PERMTr(continued)
The chaages have resulted in the house location being moved further from the lake ten additional fcet as
well as a mc�di.fi�ation to the footprint in the side street yard. The gpplicant modified the stair tower hy
cutting corn�ers of the rectangiilar shape to reduce the square footage and massing within the setback. The
applir,ants'rrevised plans continue to r+�flect a seco�nd driveway.
G�u#is stated the Council should consider the applicgnts'plans and direct Stafft4 draft a resolution
reflecting mnighYs d�acisions for rcview and adoption at tl�eir next mceting.
John Winston, 155 Wear Lane North,stateci h�has bcen working with the applicaat and builder on this
prnject and that in his humble apiniou it xs a first-class desiga. Winston statod when he was asked to look
at this project,he was impr�ssed by Staff's re}�ort. Winston noted Staff is ia full support of the plan and
has racommended its approval. Winston stated he was also impressed by the planning Commission's
recommendation,which was 6�0 in favor of the project. Winston statead in lus experience wozki�g on
applicatiana,he has always ft�und Staff and the Plannix�g Commiasion to be very comprehensive,verY
respansible,ai►d very precise in t,heir r�ommendations.
Winstan stated he also had an opportunity to view the hearin�the City Cauncil had on this matt�r a few
woeks away. Win�ton notod moat of the comments stayed away finm the variance issue and that the
concera seemed to be limited to hardcover and sctback. Winst+o�stated this apglication is in cc�nupliance
with bofh of those issues.
�4s it relates to the legal isswas,Winston stated the applic�nt is in a great position before the Council
tonight since there dves not seam to be much oppositivn to the variances and there is Planning
Commission and Staff approval.
Winston atated he haa perso�nsal experience with this builder and that he cited in an o-mail to the Mayar the
w�ample of a residence ov�er on Stubbs Bay whcre the same builder built a hvme with a circular driveway.
�Vin$ton stated as he gets older,he finds it is easier to have an easy in and an casy ont,wiuch thre cireular
driveway allows. Winston stated in hig view that type of driveway is safer far olc�er people to navigate
an�1 doss not rec�uire PaoPle to bacle out onto the rnad. In addition,it helps to eliminate pasking on the
atneet.
Wir�ston stated in his view the builder and designer have done a wondGrful job making this work on a
very narmw lat and that the lot oompels the variances. Winstan stated the design works for the family
atid the builder.
Tashitaa Tufaa's son stated he attended the Pl�nning Cosamission meeting appro�cimately two months
ago. �faa s�tated at that time he presented his re,�sons for why his family should be abie to move into the
(hono communitY• Tufaa stated in order to acco�mma�ate the needs of the Hesitage neighborhood,they
he►ve given up te.n feet of lakeshore,which was dif�c�lt for their family to do,and tbat they}�ve also
given up six inches ef fencing that was proposed for the safety of his brother. Tufaa stated he hopes the
Council approves their nwised plan.Tashitaa Tufaa,Appiicant,stated he had a chance to speak to the
City Council last time and thst as a family they would lik�e to move to Orono.
Page 5 of 37
11�TUTES OF THE
� 4RON0 C1TY COUNCII.MEETIl�iG
Monday,March 14,2Q16
7:00 o'elack p.m.
PUBLIC WORKS DIRECTORICITY ENGINEER'S REPORT
Public Warks DiroctorlCity Engineer Edwards reportad the Public Works Department has started doing
some atreet sweeping. The seasQ�al weight restrictions are pc�sted and az�e bein�g enforced on all the city
rnads.
Edwards stated some forie main jetting has commenc�ed,which corresponds with what was doae with the
sewers last year. The Public Works em�ploy�es have also been in the process of obtaiaing their continuing
education raquirranents for water and.sewer.
*5. WATERTOWN ROAD V�VITH LONG LAKE DESIGN APPROV�I,
Levang mov�i,Printap seconded,ta accept tLe de`ign for Watertown Road and to u�horiz�the
sol�citation oi bfds for the project. VOTE: Ayes 5,NayB 0.
*f. APP4IIVTMENT OF 1Alb SEASONAL EMPLOYEFS
Levang maved,Printup second�l,to approve the biring of the se�wn�l employees lieted in the
March 14,�01G,StAf�memorsnd�m. VOTE: Aye.s 5,Nays 0.
*7. LETTER OF SUPpORT FOYt HENNEPIN COUl�{TIES GREEN�ORP3 GRANT
Levang moved,Printap seconded,to approve the letter of anpport for the Hennepin Coanty
spplfication for the Minnesota GreenCor�s Gr�nt. VOTE: Ayes 5,Aiays 0.
PL�lNNIl1TG DEPARTMENT REPORT—JUN SCHWINGLER,PLANNING COMiVIISSION
REPRESENTATIVE
�8. #1fr3799 INTEGRITY REMODELING&DESIGN GROUP ON BEHALF QF
MATTSEW AND 1AMIE H�'SON,2fl6(1 SPATES AVENUE,VARIANCES—RESOLUTIQN
NU.b595
Levang moved,Prtatap seconded,to adopt ItESOLUTiON NO.,a Resoludon Approving
Vsei�tncea from Orono Mnmcipal�oning Code Sections 78-71(c),7&305,78-1431,and 7$-1436 for
the Property Loc�ted st 2060 Spates Avenue. VOTE: Ayes 5,Naye 0.
9. #1lF3803 STONEWOOD,LLC,ON BEHAI�F OF TASHTFAA T[JFAA,1830
SHORELINE DRIVE,VARIAAjCE5 AND CONDITIONAL USE PERMIT
City Plagner G�utis noted the City Council reviewad this applicatian in Febrnary for variances and a
conditional use per,mit far grading in orc�er to construct a new home on the current�y vacant property.
SincE that time,the applicant has made modifications to the proposal to a�dness the Couneil's concern
with the encroachment into the side street yazd and reducing the encroachment of the footprint. Th+e fence
height variance has been withdrawn.
Following additional meetings with neighbors,the applicants have provided a fiuu ttiher revissd plan on
Friday,which was emailed to the City Council.
Page 4 of 37
9"
° MIIVUTLS OF THE
ORONO CITY�COUNCII.MEETIl�TG
Monduy,April�1,x016
7:00 o'ciock p.m.
9. #16-3807 TOM GQNYEA,ESTATE DEVELOPMENT CORP.,425-595 OLD CRYSTAL
BAY ROAD NORTH—PRELIIVIINARY PLAT APPOVAL—RESOLUTION NO.b�03
(coRk�tued}
Gonyea floted a trail easement is typically a sepaiate d4cument so it shows up on the title work.
McMillan stated the back of the homes will be facing Wayzata Boulevard and that there might be a huge
d�nd for fencing. McMillan stated th�e Cfluncil should perhaps consider whether any stipulations are
desirable o�►the fencing.
Gonyea ats�ed he dvos not have an issue with requiring a similar type of fencing along�Wayzata
Boulevard. Gonyea stated biack wrought iian t�nds to fade in with the buf�ering and that he would be
fine with a�dding it to the r�solution.
�a�&�on stated tbe la�n$uage would libely be that the fence needs to be consistent in the type,height,and
colar so the residents understsud what they can and cannot do for p�rimeter fencing aloag the#wo major
roads.
Gonyea stated there might already be fencing along the bypass.
Mattick asked if the builder would install that fence or the individual hoineowners.
Gonyea statod tlue b�m in his mind would block the road out for the most part and tha�he has not really
cousiderad installing a f,�nce at this time.
Gaffron statead the f+ence can go along the property line and that he will add language to the resolution
r�garding fiencin��standards and the r,�scment.
IRv�ang mQved,WatBL eeconded,to ndopt RESOLITTION NO.6603,a Resolution Apprt�ving the
Gener�l Concept Plan and Graating Preliminary Plat Approv�ll for Property Laeated st 425-595
Old Crystal H�y Itoad Na�rth with changes trail eaaemem send fenc�ng caveaants. VOTE: Ayea 5,
ATays 0.
10. �F1�3$a3 STOlYEWOOD,LLC,ON BEHALF OF TA3HITAA TUFAA,1S30
SHORELINE DRIVE—VARIANCES AND C�NDITIONAL USE PERMIT—RE30LUTION NO
6602
Gbrtis nQted aY the March 14 mceting,the City Council reviev�+ed this applicatian and voted 3 tv 2 to
diroct Staff to dcaft a re�olution reflecting the following:
I. Approval of tbe lat width and lot area variances in accordance with the survey dated 03/10/16;
2. Appmval of the side str+cet setback variance according to the revisod survey dated 03l10/1 b;
3. AFrproval of the second ciriveway access provided the Heritage Drive cvrb cut is reduced to a
minimum width;and
Page 16 of 32
' NIINUTE3 OF THE
ORONO CITY COUNCIL MEETIl�iG
Mondsy,Aprll 11,2016
7:00 o'clock p.m.
10. #16 3803 STONEWOOD,LLC,ON BEHALF OF TASHITAA TUFAA,1830
SH�RFT��DRNE—VARIANCES AND CONDTTIONAL USE FERMIT—RESOLUTION NO.
660Z(co�reuedj
4. Approval of the conditional use permit for grading wit�t conditions as outlined in Stat�s repoR.
City Plamaer Curtis stated at the Couneil's directio�n,the applicant reduced the width of the second
driveway onto Heritage Drive to 12 feet with a 3-foot unpaved,neinfox+ced turf flare as the driveway meexs
the roadway. The�aplican�t has also provided a detailed landseape plan which enhances the existing
vegetation and offeas sc�eening on the perimeter of the property as well as provides for infiltration at the
terminativn of the swele. The landscape plan includes a 42-inch tall iron fence and cnbraave monnm�nts
with g�tes. A permit will be required for the monuments and gates.
Stai�'has drafted an approval r�solution t�lecting ffie Council's direction.
Mc�vlillaa n�t�d the fience will not n;quire a variance. McMillan asked if the gatss and monuments wauld
��a�•
G�irtis indicateci she has not seen any plans far the monuments or gates and that Staff would ncod to
review those to d�mine whethea a variance is reqttired.
Levn�ng mov+ed,Cornick reconded,to udopt RESOLUTION NO.6502=a ResQlnfion Approving
�Vari�nc+ea from Mnnicipal Zuning Code Se�ton 78 305 and Approv�s CondiHon�l IIse Perm�t
Parsuant to Mumidpsl Zomn�Code Secdons 78-166 and 78-967 for the properiy loptted st 183Q
ShoreHae Drlve.
Walsh stat+ad in his view the Mayor has�t some dangerou�pr�odents when she disnegards the safety and
well b�ing of a neighbnrhaod far the�v�nts of one. Wa�sh stabed that cwmes vn top ofth�e dangemas
precadeirt at the pnevious meeting when ahe said the entire Co�cil vrill o�ly accxpt one driveway
knowing the safety and well�eiug would be impa�ted es well as the parkimg at�d other issuas on Heritage
Lane. Walsh stated ia his view she has set a precedent and that the neighbors do nc�t really know what she
mesns since she has flip-flopped on the issue. Walsh stated in his vicw that seta a dangeroua preced�ent
and is not good.for ths pevple of O�+ono or this neighborhood.
�OTE: Ayes 3 Nays�,Wslsh and Printap Upp+osed.
*11. #1fr3811 JAMISON KOHOUT/LANDSOURCE,LLC,3438 LYRIC AVENUE—
VARIANCES—RESOLUTION NO.66Q4
Levang movod,Cocnick seconded,to adopt RESULUTIQN NO.6604,a Resolntion Granting
Variances to Mnnicipsl Zoaing Code Sectfon 78-35Q for Property Lacated at 3438 Lyrfc Avenne.
VOTE: �yee S,Naye 0.
Page 17 of 32
� � � � \`.. � � � '`. � �� ��, !{r `� )
s 3 � }�`
e � x j
1 . . � � l, � ., ry .
� � � y,.y'��, �> , . � s .,.e��� .
� � . . �„ .. �.
! = I ` � . �; � '
. � ? � ,
� � , �� � j
y '
� �'� ��` ' � ,
� � � � � � � �� ' t t !� ,
� � :�� ;, � � � � . � � .
� ` � ; � .
� � �,�'
� , , �
� :� ; { �# ;� . ;
' � � ' ;,� { ,r
` � ff t
9 ,���� . � �`l / f�
' . �c .Y � �.. � tF .
� f ': f
t ��� � y��^� . � J�f �
i , �\\. � { �� � � , . �\c+
� j{(kk�\ � � � i� � j �
. � i€.� \. ; "`�,..j3 ; + /!/ . . . .
� \. 1 �: � � i �,F�f 1' ! , � ' �
' .� � \. \� .. + .� � , .
\\���\\\��i ,\�� `t:.< j � ` �.
f fr '� �
\ � � _
,, -�.,.�, , . A�i
1 ; i,Y:: , A' ... �. ``p\��0���
� } � � ; V
i , � x �
3 � -."�°� � �
� � \,
�
� �`` � \\����\\\\��r��\\\�
� � �'i � �
� � �� �� � �;
�: � :,-.., �
� �.�..� � ,- ; , � �� -_
� �
� �r �O\� '� "�= ` r
'� � ���� � �'`,/ � � � � 4,_�----��
� ' �� °'��. L�
4 � f
i ��, � �.3 ` �
","^� { . �� . �
' � � \ a� �
- 3 � � � c c�•� }°' Sr � �"� �``
, "`.� E . ` ..� � �i 4 �t
t c�
� �
� �Y ��.F ' � `-� 4� �t�3 � � ' ri�
� v P 3 i
k ur`°�a _ i � " ,r ,
r � ,�,..
� � .� \\����\\ �'� '.�- �` : '< �
i z C',`v � ti _ f /` r�,� ��\\\\\��� �
j �� �Y � � .. .. s � . ` \ Q����
' \� \ :� t�Y� A , �� `t r : \ \
t
\\" ..�.�� �
� l �\ " \�' -.
� �\\ :�y£ \ a�� .
` �\�' .�� � . l '^ �\\\\... \ .
it ,3' ��: �� .^ ..,"t �/'; �i`.�'Y ���y'..:., t ��•a � �\\��\�:.
. �.t, f, � i ��.. \.
� � _ '��
,1� �. �� � �ti. _ ,�` � :".�;,.:.:. \�``:�' � ��
' �: ..;,�""'^,�„'�-�,b `""-�,-.., ��'"� � ,� ��\ h. +aa���`
. i `�`� ^�.., f � .
zt � � . - �
� �_� ' . � s \\
,i, - .: . � : �r�F _. ... `f�` .. . ���. �_•;�
.� � �_.. . . \ �� t^'�' , �^' •'. A f . \ . �� � \\ . \�
. t j ' r. ,� \�; �\\\ �'
� A�. ' ' � � t � �
'��. ����� $��' � a i � �
� �, , � �� \
F
j -� �'s� ' `a j�� �, : � \\�\\�
`��>.�J �� �^ � + '�S� � �t � ,:;.s •�; ����t �*, �\\: � ..::
��� �. . _�.. 4 �� . �� ��� , � ::,,\ ��� r ' '�
"'"� „ `Y, � �� O Jt� �,Y._� � �•l ��-w�•, �� �:'tt•}��`n� ,K� .(\��f,+/� �„� �� `�A' �� ..
� � . �: ��. ti ..
� � >�`, ��',. "�-. h.. � �� N�
S � ��� ^ qF.�
,.�.. ;. ' .�,; t� , �� Y 6\ �., R+ � �� (. L�
� � •,,4�'. .! � �.' . ' . '� � r� d''�X' �'�-� � .�..
`�,. 1�� .r\\� t �,�:`� � . . � '. -� ��«� � '������ � �
. a... : f�'-..,�.,�` ^�l .�s,�.. ? �� � �� �i
' - ._ +.: �, 'W-e} '�
� 'b' ��.w`' ��,
� "� � i, � '� � `i
� � � + �F' � , ,� '�
+ � \\\ ,���� `f� `r `� - �-�,
� ����:, . ` � ..,, �' w...
\ � x'� .� ' r;, 7���
\ ����� � >; �� ' �l �
� �;�.
,. ;��` ,, ", "���_, ' ,�'S
t ��\� k "`�" ' ,, �i .�''�^
� .. � �� \\\ . � � � � � � F�� .�� �`�
.aA� `\ � �;'
� ,� "'1� � \`�
� ��� �
��. . �
� t° � \
€ � �\< � \
� � :;
� �� \ 3' °s ��t
�� \ \ ���� � ���; �;
� t �" \ \ � �`c�„ �� `
�\�f \ � � � 1
� ����� � � � .
�
��� � �`� �\i
f �.:
2 � �;
\\� \\\�\��. �
� � ,A� ��V�� -.
\�� . �VA '�a "
�1 � \\:.' '�`�°..w " �.
.\�� . ...�. .........o..�..
t \� � � R\
� . � c� �
� �' ��� � � .�� Aa.�� ANA�
�. � r\\
. ._. ����� � �: .i.
f } \ ������a� \> � \
� �� �� �
� :.�: � �\� � ��\
�: �, �
{ � � `�.��' �`'' .����� \ y��
� � '� ��? ,. �' \
� \ ��
� ��� A
� ! t y �� � \� ,,.. Q\\ .� �
� � � �\ �' � \\�
, . � \\ � ,
� � `,�� � \\\�, ���.
� � � �`�� �
� ���A� V � �`\ i
�.� � � � w.�-'' ������ �\ `* ;
!�. �` : \\\ �\\\\\�� ' a
� 2 \\\ \\\\� \� �
ti �''' \ 3 \ �\�\\����.�